SC Halts NCPCR Directives on Non-Compliant Madrassas Amid Minority Rights Concerns

By Legal Wires 4 Minutes Read

n a crucial decision, the Supreme Court of India has placed a temporary restriction on the Union Government and various States from executing the directives of the National Commission for Protection of Child Rights (NCPCR)regarding madrassas that are allegedly non-compliant with the Right to Education (RTE) Act, 2009. The interim order came during the hearing of a petition filed by Jamiat Ulema-I-Hind, a prominent body of Islamic clerics, which challenged the NCPCR’s recommendations as an infringement on minority rights under Article 30 of the Indian Constitution.

Background and NCPCR’s Directives

• On June 7, 2024, the NCPCR sent a communication to the Chief Secretary of Uttar Pradesh, suggesting the withdrawal of recognition from madrassas that do not adhere to the RTE Act, 2009.
• Further, on June 25, 2024, the NCPCR recommended the Secretary, Department of Education & Literacy, Ministry of Education, Government of India to instruct all States and Union Territories (UTs) to conduct inspections of existing madrassas that hold a UDISE code. The Commission sought the immediate withdrawal of recognition from madrassas that fail to meet the compliance criteria set under the RTE Act.
• The NCPCR also proposed that the UDISE system not be extended to madrassas and suggested creating a separate category to account for recognized, unrecognized, and unmapped madrassas.
• Following this, the Chief Secretary of Uttar Pradesh issued a directive on June 26, 2024, instructing all District Collectors to investigate government-aided or recognized madrassas admitting non-Muslim children and to ensure their immediate transfer to regular schools.
• Similarly, the Tripura Government issued an instruction on August 28, 2024, in line with the NCPCR’s recommendations.

Supreme Court’s Intervention

• A bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra heard the writ petition (W.P.(C) No. 660/2024) filed by Jamiat Ulema-I-Hind.
• The petitioners argued that the NCPCR’s directives violate the right of religious minorities to impart education in accordance with their beliefs, as protected under Article 30 of the Constitution.
• The Supreme Court, while considering the matter, issued an interim order stating that until further directives are given, the communications by the NCPCR dated June 7, 2024, and June 25, 2024, along with the consequential communications by the Uttar Pradesh Chief Secretary (June 26, 2024), the Union Government (July 10, 2024), and the Tripura Government (August 28, 2024), shall not be acted upon.
• The Court also permitted the petitioner to implead all States and Union Territories as parties to the ongoing proceedings.
• The petition was represented by Advocate-on-Record Fuzail Ahmed Ayyubi.

Click to read: JAMIAT ULEMA-I-HIND v. NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS AND ORS. W.P.(C) No. 660/2024.

Legal Wires

Team @LegalWires